David Borthwick, Lord Lochill (c. 1505 – 1581) was a 16th-century Scottish landowner,

Senator of the College of Justice The senators of the College of Justice are judges of the College of Justice, a set of legal institutions involved in the administration of justice in Scotland. There are three types of senator: Lords of Session (judges of the Court of Session); ...

and

Lord Advocate of Scotland , body = , insignia = Crest of the Kingdom of Scotland.svg , insigniasize = 110px , image = File:Official Portrait of Dorothy Bain QC.png , incumbent = Dorothy Bain KC , incumbentsince = 22 June 2021 , appointer = Monarch on the advice ...

Life

He was born in

Fife Fife (, ; gd, Fìobha, ; sco, Fife) is a council area, historic county, registration county and lieutenancy area of Scotland. It is situated between the Firth of Tay and the Firth of Forth, with inland boundaries with Perth and Kinross (i ...

around 1505 and studied Canon Law and Civil Law at St Leonards College in

St Andrews St Andrews ( la, S. Andrea(s); sco, Saunt Aundraes; gd, Cill Rìmhinn) is a town on the east coast of Fife in Scotland, southeast of Dundee and northeast of Edinburgh. St Andrews had a recorded population of 16,800 , making it Fife's fou ...

. In early life he is known as David Borthwick of Auldistone or Admistone. At some time in the mid 16th century, either through inheritance or purchase, he became laird of

Balcarres House Balcarres House lies 1km north of the village of Colinsburgh, in the East Neuk of Fife, in eastern Scotland. It is centred on a mansion built in 1595 by John Lindsay (1552–1598), second son of David, 9th Earl of Crawford. The house became the ...

and the nearby Balniel estate.ODNB: David Borthwick, Lord Lochill In March 1540 he was one of nine

advocate An advocate is a professional in the field of law. Different countries' legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. However, ...

s called before the Court of Session in

Edinburgh Edinburgh ( ; gd, Dùn Èideann ) is the capital city of Scotland and one of its 32 Council areas of Scotland, council areas. Historically part of the county of Midlothian (interchangeably Edinburghshire before 1921), it is located in Lothian ...

to explain their actions and causes. In 1552 he was one of the Scottish commissioners meeting with the English to discuss the boundary between England and Scotland including a long debate on

Berwick-upon-Tweed Berwick-upon-Tweed (), sometimes known as Berwick-on-Tweed or simply Berwick, is a town and civil parish in Northumberland, England, south of the Anglo-Scottish border, and the northernmost town in England. The 2011 United Kingdom census recor ...

. In May 1562 he oversaw the trial of Wright and Ferguson for the "

hamesucken Stouthrief (alternatively stouthreif) is the Scots Law, Scottish crime of use or threat of violence against a householder who defends themselves during a housebreaking; it is additional to any associated robbery. It is to be distinguished from th ...

" murder (murder in the victim's house) of his distant cousin, John Borthwick of

Restalrig Restalrig () is a small residential suburb of Edinburgh, Scotland (historically, an estate and independent parish). It is located east of the city centre, west of Craigentinny and to the east of Lochend, both of which it overlaps. Restalrig ...

. Sometime around 1561/62 he obtained Ballencrieff Castle in

East Lothian East Lothian (; sco, East Lowden; gd, Lodainn an Ear) is one of the 32 council areas of Scotland, as well as a historic county, registration county and lieutenancy area. The county was called Haddingtonshire until 1921. In 1975, the histo ...

, and renamed it Lochill Castle. The building is more correctly a fortified house rather than a true castle. It still survives, not far from Haddington. In June 1564 he defended the city magistrates in a prosecution against them by the Crown (possibly relating to election of the Lord Provost). In May 1569 he defended the

Earl of Bothwell Earl of Bothwell was a title that was created twice in the Peerage of Scotland. It was first created for Patrick Hepburn in 1488, and was forfeited in 1567. Subsequently, the earldom was re-created for the 4th Earl's nephew and heir of line, F ...

in relation to his actions against

Mary Queen of Scots Mary, Queen of Scots (8 December 1542 – 8 February 1587), also known as Mary Stuart or Mary I of Scotland, was Queen of Scotland from 14 December 1542 until her forced abdication in 1567. The only surviving legitimate child of James V of Scot ...

Dunbar Dunbar () is a town on the North Sea coast in East Lothian in the south-east of Scotland, approximately east of Edinburgh and from the English border north of Berwick-upon-Tweed. Dunbar is a former royal burgh, and gave its name to an ecc ...

. This extremely curious case was effectively an accusation of rape of the Queen in April 1567 but was a precursor to her marriage to Bothwell in May 1567, the whole case being effectively to defend the Queen's honour. In 1573, alongside Robert Crichton, together as joint King's Advocate to King James VI, and most records also accept that they first to be titled as

. He was at the same time elected as a

under the title of "Lord Lochill". He died in January 1581. In 1608 the Ballencrieff estate was bought by Sir Bernard Lindsay and then to Sir Patrick Murray in 1632, In 1679 it passed to Sir Peter Wedderburn and in 1755 was bought by George Murray,

Lord Elibank Lord Elibank, of Ettrick Forest in the County of Selkirk, is a title in the Peerage of Scotland. It was created in 1643 for Patrick Murray, 1st Lord Elibank, Sir Patrick Murray, 1st Baronet, with remainder to his heirs male whatsoever. He had alr ...

, great grandson of Sir Patrick Murray.Archaeologica Scotica

Family

His daughter Isobella Borthwick, married his colleague

Robert Crichton (Lord Advocate) Robert Crichton or Creighton, Lord Elliock (1530–1591), of Elliock, in Nithsdale, was joint Lord Advocate of Scotland. He purchased Clunie Castle and the adjoining lands from the Diocese of Dunkeld where his cousin, Robert Crichton, was bis ...

. Isobella died around five years later (possibly in childbirth).

References

{{DEFAULTSORT:Borthwick, David 1581 deaths People from Fife Alumni of the University of St Andrews Senators of the College of Justice Lord Advocates Year of birth uncertain